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Martin

Martin

January 03, 2022 | New York Law Journal

Second Circuit Upholds City Marshal's Right Not To File False Report

In his Section 1983 Litigation column, Martin Schwartz discusses the recent Second Circuit decision 'Specht v. City of New York,' involving the protection of free speech rights of public employees from retaliatory actions.

By Martin A. Schwartz

12 minute read

December 22, 2021 | Daily Business Review

US Economy Grew at 2.3% Rate in Q3, Up From Earlier Estimate

Now with the appearance of the omicron variant, coming on top of high inflation and lingering supply chain issues, there are concerns that growth could be constrained heading into 2022.

By Martin Crutsinger

4 minute read

December 21, 2021 | New York Law Journal

Upholding COVID-19 Vaccine Mandates

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision that provides substantial guidance to state agencies and district courts on a critical issue of first impression arising from the COVID-19 mandate. The court's guidance is particularly significant given the complexity of the constitutional issues at play.

By Martin Flumenbaum and Brad S. Karp

8 minute read

November 23, 2021 | New York Law Journal

The Second Circuit Adopts an Expansive View of Jurisdiction Over Foreign State Instrumentalities in Criminal Proceedings

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss a recent decision that a district court had subject-matter jurisdiction over the criminal prosecution of a bank that was majority-owned by the Turkish government notwithstanding the Foreign Sovereign Immunities Act.

By Martin Flumenbaum and Brad S. Karp

8 minute read

November 19, 2021 | New York Law Journal

COVID-19 and Technology in International Arbitration

Arbitration centers have witnessed a significant increase in the use of virtual hearing services.

By Tai-Heng Cheng, Martin Jackson and Young-Hee Kim

8 minute read

November 01, 2021 | New York Law Journal

When Do Police Fabrication of Evidence Claims Accrue?

Sections 1983 fabrication of evidence claims have generated some sticky statute of limitations accrual issues. In this edition of his Section 1983 Litigation column, Martin A. Schwartz explores case law addressing this issue. He writes: "The lesson is clear: Determining the governing accrual date requires close attention to the nature and constitutional basis of the plaintiff's constitutional claim.

By Martin A. Schwartz

9 minute read

October 26, 2021 | New York Law Journal

Determining Mootness of COVID-Era Executive Orders

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss cases in which the Second Circuit—in assessing whether claims are moot where the challenged conduct has ceased—focused on whether the challenged conduct is nevertheless likely to recur.

By Martin Flumenbaum and Brad S. Karp

7 minute read

September 30, 2021 | New Jersey Law Journal

Responsible Gaming Safeguards Expanding With Surge in Online Activity

Everyone wants a return to normal, while we're all aware of the risks that are still will us. In the end, the most successful operators in the gaming industry will also be the most responsible.

By Martin Lycka and William J. Pascrell III

8 minute read

September 21, 2021 | New York Law Journal

The Second Circuit in the Supreme Court

In this edition of their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 37th annual review of the performance of the U.S. Court of Appeals for the Second Circuit in the Supreme Court during the past term.

By Martin Flumenbaum and Brad S. Karp

7 minute read

September 03, 2021 | New York Law Journal

Expert Testimony of Damages for Lost Future Earning Capacity

In his Section 1983 Litigation column, Martin Schwartz focuses on damages from lost earning capacity resulting from an arresting officer's infliction of excessive force in violation of the Fourth Amendment.

By Martin A. Schwartz

9 minute read